STEALING A MIND
One of the many commandments in this week’s parsha, which is replete with Mitzvos, is the prohibition against theft. The Talmud (Sanhedrin 86a), cited by Rashi, points out that the earlier commandment against theft contained within the so-called “Ten Commandments” (in the Book of Shmos) actually refers to kidnapping, which is a capital crime akin to murder. In this week’s version, the prohibition against theft refers specifically to theft of money or property.
However, according to some authorities, the commandment against theft goes even beyond property crimes. It is also a commandment against certain forms of deception.
Now, the ban on lying is clearly spelled out in the same verse in which the Torah proscribes theft. Why do we need another commandment to outlaw deception? Moreover, in the earlier section of Mishpatim the Torah states “distance yourself from falsehood.” What additional form of deception is meant by the commandment against theft?
The answer is that this particular form of deception does not involve an outright falsehood. Rather, it refers to one who elicits unearned gratitude from another. For example, one who wants to ingratiate himself with another without actually having to earn the gratitude, invites him or her to his house for a meal knowing that the other will definitely decline. This, the Talmud (Chullin 94a) calls “g’neivas daas-theft of one’s mind.”
Another classic example would be to make a gesture that would naturally be interpreted by the other as intended for his honor where the person had no such intention. The Talmud (codified by Maimonides) describes this scenario:
“One should not open casks [of wine, supposedly] for his fellow which he must open for sale, in order to deceive him into thinking that they have been opened in his honor.”
DECEPTION OR THEFT? TWO OPINIONS
There is a dispute between the early authorities regarding the nature of this prohibition. According to Maimonides and others it is an extension of the law against uttering a falsehood. Leaving a false impression falls under the rubric of lying.
According to Rashi and others, however, it is an extension of the law of theft. To get another to be indebted to you without truly earning the other’s gratitude is the equivalent of receiving something of value without truly paying for it.
What is the practical difference between these two approaches?
We can find the difference in the foregoing case of one who does something for another, such as opening the cask for the purpose of sale, which is misconstrued by the recipient as a gesture of honor or affection. This, as stated, the Talmud forbids.
Suppose we modify this scenario slightly and now the one who opened the cask for sale would have opened it to honor his friend even if he wasn’t going to sell it? Perhaps the law that prohibits doing so only applies if the gesture is indeed an empty gesture and the gratitude evoked is unearned. If, however, he truly harbored a sense of deep admiration and affection for the other, it would not be forbidden, even though the gesture at this moment was not intended to show his affection. The fact that the gesture was not intended to show affection now is mitigated by the fact that the admiration itself is genuine. Hence, when the recipient reciprocates, it would not be considered unearned and therefore theft.
This conclusion, reached by some, is only valid if we maintain that the prohibition is an extension of the ban against theft. If, however, the reason for the prohibition against “theft of the mind” is the negation of any trace of dishonesty, as Maimonides asserts, it would still be a problem, for then the gesture was not intended for the other; it would lack the imprimatur of honesty.
TORAH FOR ALL TIMES
All matters of Torah are directed to each individual on a daily basis. The commandment that prohibits “theft of the mind” and other forms of deception applies to each and every one of us in the most literal sense. We must be scrupulously committed to truth in all our dealings.
However, the Torah also speaks to us as a people and directs its message to each and every period of history. While Torah remains uniform in all times, there is a need to discover a message that is particularly relevant for each period.
GALUS: DECEPTION AND THEFT
Jewish (and, indeed, world) history can be divided into two periods: truth and deception. When the Bais HaMikdash stood, G-d’s truth was exposed to view. A Jew could visit the Bais HaMikdash and see G-dly truth face to face. With the destruction of the Bais HaMikdash and the ensuing Galus, truth was withdrawn and a time and mindset of deception entered the consciousness of the world. A veil was placed over our collective eyes which prevents us from seeing the true reality of existence.
This cosmic change trickled down to the individual and made it so that honesty and integrity are no longer ours intuitively but high ideals for which we must strive. We, as individuals, are prone to be less than honest in our dealings with G-d, other people and even with ourselves as a result of Galus conditions!
Of course, there are exceptions to this rule which include the tzaddikim G-d has “planted” in every generation, who are miniature G-dly sanctuaries. Their presence is required in all times so that we do not lose sight of what has been and what can be and what will be in the final Geula-Redemption when the veil will be removed. At that time we will all see the true reality of existence and translate that realization into a higher level of integrity in our own personal lives.
THE TWO RELATED QUESTIONS
We can now gain a deeper insight into the Talmud’s statement (Shabbos 31a) that when our souls come to the heavenly court we will be asked six questions. The first question will be, “Have you dealt honestly in your business?” Only later are we asked, “Have you anticipated Redemption?” (We will leave the other four questions for another occasion.) Why does the question about integrity precede the question about anticipating Redemption?
The answer is that when we pursue honesty and integrity in our daily lives it is a sign that we are preparing ourselves for the Redemption and that we are trying to pierce the veil that covers up Divine reality. If we would yearn for Redemption but not be honest in our business dealings it would prove that our yearning was not sincere.
THE TWO ELEMENTS OF GALUS
In light of the earlier discussion of two approaches to “theft of the mind,” one may also suggest that Galus brings with it two negative phenomena. Galus is guilty of both deception and theft.
Galus is the source of deception because it does not allow us to be in touch with G-dly reality and even with our real inner selves. As a result of this deception we may gravitate toward evil masquerading as good.
But Galus is not content with leading us astray; it also “robs” our G-dly souls of their needs and desires. If Galus would just cause us to see darkness as light it would be bad enough. But Galus also obscures the light of the soul and considers it to be darkness, thereby robbing our soul of its ability to edify and elevate us. While the soul thinks it is getting what it needs and shows gratitude, it is truly getting nothing.
LAVAN AND EISAV MODELS OF DECEPTION
To help us break out of our Galus addiction to the twin disasters of deception and robbing our soul’s treasures, we must turn to the Torah. There we can see two models of deceptive individuals, Lavan and Eisav, who were the very archetypes of deception.
Lavan was entirely about deception but at least he did not go as far to feign righteousness. Eisav, on the other hand, was compared to the non-kosher pig which stretches out its split hoof (a kosher sign) while hiding its lack of the other kosher requirement (chewing the cud). Eisav would try to impress his father Yitzchak by asking him questions about tithing straw and salt, and he also married a relative, the daughter of Yishmoel, even as he kept his other idolatrous wives. All this was intended to impress Yitzchak with his non-existent piety.
According to the Rebbe’s analysis (in Likkutei Sichos volume 35, p. 117), Eisav’s duplicity was more egregious than Lavan’s, who was no slouch when it came to dishonesty. While Lavan was a master of duplicity, he did not try to promote his “virtues.” Eisav, on the other hand, dishonestly hid his treacherous deeds and impurity even as he sought unearned admiration from Yitzchak by flaunting his ostensible righteousness.
The twin vices of Eisav—and of our final exile with which our Sages say he is associated—can be said to correspond to the two components of “theft of the mind”: deception and theft.
EISAV IS SALVAGEABLE
However, the Rebbe notes that Eisav has a saving grace; he practiced his deception only with Yitzchak. When dealing with his brother Yaakov, Eisav made no attempt to hide his hostility.
The Rebbe explains that in truth, Yitzchak was able to see the hidden good in Eisav. Indeed that good ultimately manifested itself with the conversion of his descendants to Judaism, particularly the Talmudic Sages Rabbi Meir, Unkelus, Shmaya, Avtalyon and the prophet Ovadia. Yitzchak therefore wanted to bless Eisav to help him actualize his latent good, which he hoped would neutralize Eisav’s evil.
Hence, Eisav’s external show of piety was actually a sign that he possessed a hidden spark of goodness, which only Yitzchak was empowered to detect and activate.
This, the Rebbe says, can explain what we have been accomplishing during this long period of Galus associated with Eisav. We have been slowly and painstakingly extracting the positive energy, paving the way for the future transformation of Eisav.
In a much later talk, the Rebbe declared that the refinement of the sparks necessary for the Redemption has been completed. Now our efforts have to be geared to welcoming Moshiach and Redemption into our lives and the lives of our families and communities!